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Can I still transfer my trademark after canceling my company license?

Can the trademark be transferred even after the company license is cancelled? Nowadays, many companies have to cancel their companies in the face of competitive pressure among peers or the continuous expansion of their own companies. So, can their trademarks be transferred after the company is deregistered? This can’t help but give many entrepreneurs a headache. In order to help everyone get rid of this doubt, Intellectual Property has specially collected the following information. Can the trademark be transferred after the company is deregistered? Yes, but you have to see it clearly. According to Articles 26 and 47 of the "Trademark Law Implementation Regulations". The trademark of a canceled enterprise can still be transferred. Within one year after the enterprise is revoked, the enterprise, institution or individual that accepts the property of the enterprise shall promptly handle the transfer procedures of the registered trademark and become the new owner of the exclusive right to the registered trademark. Being revoked according to law is one of the reasons for the termination of an enterprise. After an enterprise is cancelled, the exclusive rights to trademarks enjoyed by the original enterprise are not naturally transferred. A person who inherits the exclusive right to use a trademark in accordance with the law shall, in accordance with the provisions of the law, go to the Trademark Office to handle the transfer procedures for the exclusive right to use a registered trademark with relevant certification documents or legal documents. If one year has expired from the date the enterprise was cancelled, and its registered trademark has not been transferred, anyone can apply to the Trademark Office to cancel the registered trademark.

Frequently Asked Questions: How much does it usually cost to transfer a company’s trademark?

How to transfer a trademark after the company is deregistered? The resolution in the liquidation report when the enterprise is deregistered shall determine the ownership of the trademark. When an enterprise is deregistered or dissolved, the enterprise's trademark shall be dealt with in the name of the liquidation organization. Although according to the provisions of the Trademark Law, the names of the applicant and the trademark registrant must be consistent, in this case, the liquidation organization will dispose of the enterprise's trademark on the premise of explaining the situation to the Trademark Office. If the relevant procedures are not completed within a certain time limit, the trademark will be deemed to have been abandoned and the trademark will enter the public domain. In 1992, the Trademark Office of the State Administration for Industry and Commerce held in its reply letter to the "issue of the exclusive right to use trademarks after the termination of corporate legal persons" that the exclusive right to use registered trademarks of corporate legal persons also terminates after the liquidation activities are completed (after the liquidation process is completed, The enterprise shall be deregistered after approval by the industrial and commercial authorities). It can be seen from this that in practice, the relevant competent authorities also believe that the exclusive right to use a trademark of an enterprise is automatically extinguished after it is deregistered. If the trademark is not disposed of before the enterprise is cancelled, and there is no legal successor, the trademark will be deemed to have been abandoned. After the enterprise is cancelled, the trademark will be restored to its original state and enter the public domain. The enterprise can no longer transfer the trademark, and the transfer contract without subject qualifications will not be established. The above is that if the company license is cancelled, can the trademark be transferred? content. From the above information, we can know that after the company cancels its trademark, its trademark can still be transferred. Therefore, when you need to acquire the trademark of a certain brand, you no longer need to worry about whether the trademark can still be transferred after the company has canceled it. You don’t have to worry about the trademark you bought not having legal effect. If you encounter certain problems in life and need consultation, you are welcome to consult a professional intellectual property consultant.